Alabama Federal Judge Says Prudential Insured’s Remand Motion Preempted By ERISA

Mealey's (November 23, 2016, 11:07 AM EST) -- SELMA, Ala. — An Alabama federal judge on Nov. 18 denied a Prudential Insurance Co. insured’s motion to remand to state court an action alleging that the insured failed to pay any policy benefits, saying that his state law claims are completely preempted by the Employee Retirement Income Security Act, which authorizes a plan participant or beneficiary to bring a civil suit “to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan” (Marion McIntosh v. Prudential Insurance Co., No. 16-0523, S.D. Ala.; 2016 U.S. Dist. LEXIS 159869)....